Case Document 92 Case Document 90 CHAD A. READLER Acting Assistant Attorney General WILLIAM C. PEACHEY Director WILLIAM C. SILVIS Assistant Director SARAH B. FABIAN Senior Litigation Counsel NICOLE N. MURLEY Trial Attorney U.S. Department of Justice Of?ce of Immigration Litigation District Court Section Box 863., Ben Franklin Station Washington, DC 20442 Telephone: (202) 6 I 6-04? Fax: (202) 616-8962 Filed 07/09/18 PageID.1842 Page 1 of 19 Filed in CASD on Page 1 of 19 ADAM L. BRAVERMAN Acting United States Attorney SAMUEL W. Assistant U.S. Attorney California Bar No. 94918 CAROLINE J. PRIME Assistant U.S. Attorney California Bar No. 220000 Assistant U.S. Attorney Of?ce of the U.S. Attorney 830 Front Street, Room 6293 San Diego, CA 92101-8893 Attorneys for Federal Respondent?s Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA MS. L., et al., PlaintifstPetitioners V. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, at Respondents! Defendants. STIPULATION AND Case No; 3: 1 PROTECTIVE ORDER GOVERNING THE HAN LING OF NFIDENTIAL MATERIAL Case Document 92 Filed 07/09/18 PageID.1843 Page20f 19 Case Document 90 Filed in CASD on 07108f2018 Page 2 of 19 I. Plaintiffs and Defendants (collective, the ??Parties?) in the above captioned action Ms. L., e! at, v. US. Immigration and Customs at 011., Case No. (?Litigation? or ?Action?) recognize that information about putative or con?rmed class members and their children exchanged by the Parties in the Litigation for the purpose of facilitating compliance with the Court?s preliminary injunction order may include private information related to individuals in the custody and care of the United States Government and that such materials may reasonably, in good faith, be con?dential and protected from disclosure to the public or to one or more of the Parties under Rule 26(c) of the Federal Rules of Civil Procedure. 12 II. The Parties desire to enter into this stipulation to facilitate the 13 exchange of documents and information while protecting against the unauthorized l4 disclosure of con?dential documents and information. I: IV. The Parties believe good cause exists for approving the stipulation 17 because it seeks to protect against injury caused by the dissemination of protected 18 materials. The materials to be protected include personally identi?able information, 19 the disclosure of which could be prohibited by the Privacy Act or other law. 20 However, the Privacy Act provides, as an exception, that such materials may be 2] released ?pursuant to the order of a court of competent jurisdiction.? 5 U.S.C. 22 552a(b)( I). An order of this Court, therefore, would provide a basis for release of 23 the requested materials pursuant to the Privacy Act and Fed. R. Civ. P. 26(c). The 24 parties also seek to protect other personal information regarding putative or 25 confirmed class members or their children. 26 Stipulation 27 NOW, THEREFORE, the Parties stipulate and agree, through their 28 undersigned counsel, to the following terms and conditions to govern the -2- Case Document 92 Filed 07/09/18 PageID.1844 Page30f 19 Case S-t Document 90 Filed in CASD on 07103i'2016 Page 3 of 19 1 production of information that the producing party reasonably and in good faith 2 deems con?dential, and request that the Court enter a protective order {hereafter 3 ?Protective Order? or ?Order?) consistent with the terms of this stipulation. 4 1. Scope. The following terms govern with respect to class information 5 exchanged by the Parties in the Litigation for the purpose of facilitating compliance 6 with the Court's preliminary injunction order (collectively ?Protected Material?). 7 2. Protected Material. The categories of Protected Material include: 8 2. Information, documents or tangible things protected by the 9 Privacy Act, 5 U.S.C. 552a, er seq, or information that would be covered by the 10 Privacy Act if the subject of the information had been a US. citizen or a person 1 1 lawfully admitted for permanent residence. 12 b. Personally Identifying Information (P11), Protected Health 13 Information (PHI), and any information that is protected or restricted from 14 disclosure by statute or regulation. 15 c. All other protected documents, information or tangible things 16 not identi?ed above that the parties agree in writing or the Court orders qualify for 17 protection under Federal Rule of Civil Procedure 26(c). 18 d. Defendants do not waive their right to assert other or further 19 privileges over the information and redact such information. For instance, 20 Defendants may withhold or redact information that is protected by statute for 21 which no exceptions permitting disclosure apply or exist or information that is 22 subject to a claim of privilege or exemption from disclosure such as withholding 23 classi?ed national security information the Deliberative Process Privilege, Law 24 Enforcement Privilege, Anomey-Client Privilege or Attorney Work Product. 25 3. Designations. It shall be the duty of the party producing the Protected 26 Material (?Producing Party?) to give notice of material that is to be considered 27 covered by this Protective Order in the manner set forth in paragraphs 5, 8 and 1 28 below. Protected Material may be designated as if -3- Case Document 92 Filed 07/09/18 PageID.1845 Page4of 19 Case 3- Document 90 Filed in CASD on Page 4 of 19 I the Producing Party believes in good faith that such material is covered by this 2 Protective Order. A Party may designate material that it obtained from a Third 3 Party pursuant to this Protective Order, if it believes in good faith that it quali?es as 4 Protected Material under this Order. 5 4. Duties. The duty of the Party or Parties receiving the Protected 6 Material (?Receiving Party?) and of all other persons bound by this Protective 7 Order to maintain the con?dentiality of Protected Material so designated shall 3 commence with such notice. Protected Material shall be designated by the 9 Producing Party, subject to the provisions of this Order, with the designation of 10 No person subject to this Protective Order may 11 disclose, in public or private, any Protected Material designated by a Party as 12 except as provided for in this Protective Order or as 13 further ordered by the Court. 14 5. Method Of Designation. Each page of any material the Producing 15 Parry wishes to designate as Protected Material must be labeled PROTECTED lo MATERIAL, at the time the material, or a copy thereof, is provided to the 1? Receiving Party. In the case of material Contained in or on media other than paper, 18 the Producing Party shall af?x such a label to the material or use its best efforts to 19 identify the material as Protected Material and af?x the applicable designation. 20 6. Access To Protected Material. Only the following persons shall have 2] access to or retain material designated as PROTECTED MATERIAL pursuant to 22 this Order: 23 a. The Court and its official personnel; 24 b. Counsel for any Party and any of Defendants1 personnel with 25 whom Counsel for Defendants determines it is appropriate to share such 26 information for the purpose of this litigation. For the purposes of this Protective 27 Order. ?Counsel? means the attorneys representing the Parties for this Action. 28 -4- Case Document 92 Filed 07/09/18 PageID.1846 Page50f 19 Case Document 90 Filed in CASD on Page 5 of 19 1 including paralegals, of?ce clerks, secretaries, and other support staff assisting 2 those attorneys, working on the Action; 3 c. For information designated as PROTECTED MATERIAL 4 relating to an individual member of the class, to the individual class member and 5 counsel who represent individual class members. or any prospective counsel that is 6 evaluating whether to take on the representation of a class member. The individual 7 class member and counsel shall only be provided PROTECTED MATERIAL 8 relating to the individual class member, and the individual may not be provided any 9 information pertaining to other class members. Prospective counsel must execute 10 Exhibit A, the Acknowledgment Regarding the Order before receiving this limited 1 1 PROTECTED 12 Outside experts, consultants retained by the Receiving Party?s 13 Counsel to assist in this Litigation (and the experts? or consultants? staff whose 14 duties and responsibilities require access to such materials); 15 e. Court reporters and translators; 16 Outside litigation support personnel retained by Counsel to l? assist in the preparation and/or litigation of the Action, including contract attorneys 18 or outside copying service vendors or electronic document management vendors; 19 g. Any person not otherwise covered by subparagraph 20 or who was involved in the preparation of such material or who received or 21 reviewed such material for purposes other than this Action or who has been alleged 22 to have received or reviewed such material for purposes other than this Action; 23 h. Witnesses at deposition not otherwise covered by subparagraphs 24 (C) or 25 i. Persons whom the Producing Party agrees in writing or on the 26 record at a deposition may be shown PROTECTED MATERIAL. 27 j. Any individuals or persons who Class Counsel designates for 23 the purpose of facilitating the reuni?cation of Class Members and their children, -5- Case Document 92 Filed 07/09/18 PageID.1847 Page6of 19 Case Document 90 Filed in CASD on [1?!08i2013 Page 6 of 19 1 including (but not limited to) nonpro?t organizations, lawyers, faith-based groups, 2 shelters, or any other organization or individuals who may be able to assist in the 3 reuni?cation process. Given the urgency of the deadlines in the Court?s preliminary 4 injunction order, the individuals or persons described in this paragraph may receive 5 a limited set of PROTECTED MATERIAL as follows prior to executing Exhibit A, 6 the Acknowledgment, as long as the information is treated as protected under this 7 Order, and an Acknowledgment is signed within a reasonable time thereafter. 8 lnfon-nation which may be shared for the purpose of facilitating the reuni?cation of 9 Class Members and their children includes Class Members? names and the name{s) 10 of the class member?s child(ren}; Alien Number for the Class Member and his or 1 1 her child{ren); detention location or other location information regarding the Class 12 Member and his or her child(ren). The individuals or persons described in this 13 paragraph may receive any additional PROTECTED MATERIAL necessary to 14 assist in facilitating reuni?cation related to the class member(s) they are serving or 15 being consulted to serve after signing the Acknowledgment. The individual or 16 organization may not receive information about any other class members. 17 7. Agreement By Persons Accessing Protected Materials. All persons 18 identi?ed in paragraph 6 and who in the course of the 19 case may be given access to Protected Material shall be required to read this 20 Protective Order and agree, in writing, to be bound by this Protective Order by 21 executing an acknowledgment in the form of Exhibit A that is annexed to this 22 Protective Order. All such acknowledgments shall be maintained in the ?les of the 23 counsel allowing access by such person to the Protected Material. 24 8. Treatment Of Protected Material During Inspection 01' 25 Documents. It is contemplated that a Party might make available certain of its files 26 for inspection by other Parties, which ?les may contain protected material as well 2? as non-protected material, and that following such inspection, the inspecting party 28 will designate documents to be copied and the copies will be furnished or produced -5- Case Document 92 Filed 07/09/18 PageID.1848 Page7of 19 Case Document 90 Filed in CASD on 0710312018 Page i" of 19 to it. All documents and their contents made available for such inspection shall be 2 treated as PROTECTED MATERIAL until the Party allowing inspection has had a 3 reasonable Opportunity, not to exceed twenty one (21) calendar days absent an 4 agreement by the parties, to designate and mark those documents which were 5 copied as PROTECTED MATERIAL. 6 9. Copies, Summarizations, Extracts Protected. Protected Material 7 designated under this Order shall include, without limitation: all copies, extracts, 8 and complete or partial summaries prepared from such documents, things, or 9 information so designated; portions of deposition transcripts and exhibits to 10 deposition transcripts that contain, summarize, or re?ect the content of any such 11 documents, things, or information; and portions of briefs, memoranda, or any 12 other writings ?led with the Court and exhibits thereto that contain, summarize, or 13 reflect the content of any such documents, things, or information. The Parties agree 14 that information regarding the aggregated numbers for any category of individuals 15 contained in the chart may be excluded from this paragraph. Moreover, a Party may 16 make a request to the producing Party that certain material contained in such 17 copies, extracts, and complete or partial summaries not be treated as PROTECTED 18 MATERIAL. The Parties will meet and confer in good faith within ?ve days of any 19 such request to resolve the request. 20 10. Pleadings And Briefs Containing Protected Material. Before any 21 materials produced in discovery, answers to interrogatories, responses to requests 22 for admissions, deposition transcripts, or other documents which are designated as 23 con?dential information are ?led with the Court for any purpose, the party seeking 24 to ?le such material must seek permission of the Court to ?le the material under 25 seal, unless the Parties agree that the documents can be redacted to remove the 26 Protected Material. The receiving party shall meet and confer with the producing 27 party regarding any proposed redactions before seeking leave from the Court, and 28 .7- Case Document 92 Filed 07/09/18 PagelD.1849 Page8of 19 Case Document 90 Filed in on 0710812018 Page 8 of 19 the producing party shall not unreasonably withhold its consent to the ?ling of a 2 redacted copy of the Protected Material. 3 11. Court Hearings And Other Proceedings. Nothing contained in this 4 Protective Order shall be construed to prejudice any Party?s right to use before the 5 Coun any Protected Material. Before doing so, however, and to the extent not 6 otherwise authorized to be so used hereunder, the Party intending to use Protected 7 Material shall so inform the Court and the Producing Party, so that any Party or 8 Third Party may apply to the Court for appropriate protection, including clearing 9 the hearing room or courtroom of persons not entitled to receive Protected Material 10 pursuant to paragraph 6. 11 12. Testimony At Pretrial Court Hearings And Other Proceedings. 12 All testimony elicited during hearings and other proceedings that counsel for a 13 Party or Third Party indicated on the record may be subject to the protections of this 14 Order shall be deemed PROTECTED MATERIAL until the expiration of twenty 15 one (21) calendar days after delivery of a copy of the tranScript of the testimony by 16 the court reporter to counsel who requested a copy of the transcript. Within the 17 twenty one (21) calendar day period following such mailing of the transcript, any 18 Party may move to seal the transcript under 79-5, designating all or any 19 portion of the testimony as PROTECTED MATERIAL. Upon being informed that 20 certain portions of a transcript are designated as PROTECTED MATERIAL, each 21 Party must have each copy in their custody, possession or control immediately 22 marked with the appropriate designation at the appropriate pages. Such designation 23 must remain until the Court rules on the motion to seal. 24 13. This Order Only Applies To The Exchange of Information About 25 Putative or Con?rmed Class Members and Their Children For The Purpose 26 Of Facilitating Compliance With The Court?s Preliminary Injunction Order. 2? Nothing contained in this Order shall restrict or limit any Party?s right to present 28 Case Document 92 Filed 07/09/18 PageID.1850 Page90f 19 Case Document 90 Filed in CASD on 0?l08l2013 Page 9 of 19 1 Protected Material to the Court during a trial in the Action. The use of Protected 2 Material at trial shall be governed by the pretrial order. 3 14. This Order Does Not Apply To Non-Private Information. The 4 restrictions set forth in this Protective Order shall not apply to documents, things, or 5 information that: have been publicly disclosed by either Party; or have been 6 independently obtained by the Receiving Party through lawful means. If the 7 Producing Party challenges the Receiving Party?s invocation of this provision, then 3 the Receiving Party shall provide written documentation showing the material falls 9 within categories of non-private information referenced in this provision. This 10 paragraph does not purport to waive or in any other way limit any protection that 1 exists under law, including the Privacy Act, 5 U.S.C. 552a, er seq. 12 15. Challenge To Designations. If a Party may objects to a designation 13 of the materials as Protected Material on the ground that such protection is not 14 warranted under controlling law, the following procedure shall be used: The Party 15 objecting to the designation of Protected Material must notify, in writing, counsel 16 for the other Party of the objected-to materials and the grounds for the objection. 1? The writing shall be by email to all counsel for the other Party, followed by a hard 18 copy sent next business day courier. The objecting Party shall request to meet and 19 confer with the other Party prior to submitting the dispute to the Court for a ruling. 20 If the dispute is not resolved consensually between the parties within ten 21 business days of receipt of such a notice of objections, the objecting party may 22 move the Court for a ruling on the objection. The materials at issue must be treated 23 as Protected Material, until the Court has ruled on the objection or the matter has 24 been otherwise resolved. 25 16. No Waiver By Failure To Challenge Designation. For purposes of 26 the Action or any other action, no Party concedes that any material designated as 27 PROTECTED MATERIAL does in fact contain or re?ect Protected Material. A 28 Party shall not be obligated to challenge the propriety of the designation of -9. Case Document 92 Filed 07/09/18 PagelD.1851 Page 10 of 19 Case 3-1 Document 90 Filed in CASD on 0710812013 Page 10 of 19 1 Protected Material at the time made, and failure to do so shall not preclude a 2 subsequent challenge. 3 17. Inadvertent Disclosure 01' Protected Material. The failure by a 4 Producing Party to designate speci?c documents or materials as Protected Material 5 shall not, by itself, be deemed a waiver in whole or in part of a claim of 6 con?dentiality as to such documents or materials. Upon written notice to the 7 Receiving Party of such failure to designate, or of incorrect designation, the 8 Receiving Party shall cooperate to retrieve disseminated copies, and restore the 9 con?dentiality of the inadvertently disclosed information beyond those persons 10 authorized to review such information pursuant to paragraph 6, and shall thereafter 1 1 take reasonable steps to ensure that the Protected Material is treated in accordance 12 with the designation. No person or Party shall incur any liability under this 13 Protective Order with respect to disclosure that occurred prior to the receipt of 14 written notice of the mistaken designation. 15 18. Disclosure To Producing Party?s Personnel. Nothing in this 16 Protective Order shall affect the right of the Producing Party to disclose to its client 17 agency personnel, employees, consultants, or experts, any documents, things, or 18 infonnation designated by it as Protected Material pursuant to this Order; such 19 disclosure shall not waive the protection of this Protective Order and shall not entitle 20 other Parties or their attorneys to disclose such information, documents, things, or 21 information in violation of this Order. 22 19. Disclosure To Unauthorized Persons. If information subject to this 23 Protective Order is disclosed to any unauthorized person either through 24 inadvertence, mistake, or otherwise without authorization by the Producing Party, 25 or other than in the manner authorized by this Protective Order, the person 26 responsible for the disclosure shall immediately inform the Producing Party of 27 all pertinent facts relating to such disclosure, including without limitation, the 28 name, address, and telephone number of the recipient and his or her employer; Case Document 92 Filed 07/09/18 PagelD.1852 Page 11 of 19 Case Document 90 Filed in CASD on 01108112018 Page her best efforts to retrieve the disclosed information and all copies I?d thereof; advise the recipient of the improperly disclosed information, in writing, of the terms of this Protective Order; make his or her best efforts to require the recipient to execute an agreement to be bound by the terms of this Protective Order in the form of the declaration attached to this Protective Order as Exhibit and take all other reasonable steps to prevent further disclosure by or to the unauthorized person who received the Protected Material. 20. ?Admissibility? Of Protected Material. This Protective Order shall \Om??mhw not constitute a waiver of any Party?s or non-party?s right to object to the 10 admissibility into evidence of any Protected Material under Federal law. 11 21. All Objections Preserved. This Protective Order is intended to 12 provide a mechanism for handling the disclosure or production of Protected 13 Material to which there is no objection other than con?dentiality. The protection 14 afforded by this Order shall in no way affect a Producing Party?s right to withhold 15 or redact documents as: privileged under the attorney-client or other privilege, 16 protected by the work product doctrine, or otherwise exempted from 17 discovery under Rule 26 of the Federal Rules of Civil Procedure or under any law. 18 Additionally, this Protective Order shall not prejudice the right of a Party to: 19 seek additional protective treatment for any information it considers to be very 20 highly sensitive, or otherwise exempt from disclosure, such that the protections in 2] this Protective Order would be insuf?cient, object to the designation of any 22 document or infonnation as PROTECTED MATERIAL. or seek any 23 modi?cation of or relief from any provision of this Protective Order, either 24 generally or as to any particular Protected Material, by properly noticed motion 25 with notice to all Parties and their respective counsel. 26 22. Advice To Client. Nothing in this Protective Order shall prevent or 27 otherwise restrict counsel from rendering legal advice to the clients in this 28 Litigation and. in the course of this Litigation, relying generally on examination of Case Document 92 Filed 07/09/18 PagelD.1853 Page 12 of 19 Case 3?1 Document 90 Filed in CASD on 07f03l2018 Page 12 of 19 1 designated Protected Material; provided, however, that in rendering such advice 2 and otherwise communicating with such client, counsel shall not disclose the 3 speci?c contents of Protected Materials to persons not authorized to receive such 4 material pursuant to the Protective Order. 5 23. Inadvertent Disclosure Of Privileged Information. 6 a. The inadvertent disclosure of Material covered by the attorney- client privilege, the work-product doctrine, or any other recognized privilege shall 8 be govemed by Federal Rule of Evidence 502 and this Protective Order. 9 b. If, in connection with the pending Litigation, a Producing Party 10 inadvertently discloses information subject to a claim of a privilege or protection 1 1 described in paragraph 26(a) (?Inadvertently Disclosed Information?), such 12 disclosure shall not constitute or be deemed a waiver or forfeiture of any claim of 13 privilege or work-product protection that the Producing Party would otherwise be 14 entitled to assert with respect to the Inadvertently Disclosed information and its 15 subject matter. 16 c. If a claim of inadvertent disclosure is made by a Producing Party 17 with respect to Inadvertently Disclosed Information, the Receiving Party shall, 13 within ?ve (5) business days, return or destroy all copies of the Inadvertently l9 Disclosed information and provide a certi?cation of counsel that all such 20 Inadvertently Disclosed Information has been returned or destroyed. 21 d. Within twenty-one (21} calendar days of the noti?cation that 22 such Inadvertently Disclosed Information has been returned or destroyed, or within 23 a different time upon written agreement of the Parties or order of the Court, the 24 Producing Party shall produce a privilege log with respect to the Inadvertently 25 Disclosed Information. 26 e. Nothing in this Protective Order shall limit the right of any Party 2? to petition the Court for an order compelling production of such lnadvertently 28 .12- Case 3: 18- c-v- -O-O428 MDD Document 92 Filed 07/09/18 Page 19.18 54 Page 13 of 19 Case 3- 1 MDD Document 90 Filed" In CASE) on 07108 Page 1 Disclosed Information, or for an in-eamera review of the Inadvertently Disclosed 2 Information. 3 24. Good Faith Designations. Each Party agrees that designation of 4 Protected Material and responses to requests to permit further disclosure of 5 Protected Material shall be made in good faith and not: to impose burden or 6 delay on an opposing Party. or for tactical or other advantage in litigation. 7 Further, each Party agrees to make best efforts to avoid as much as possible 8 inclusion of Protected Material in briefs and other captioned documents ?led in 9 court, in order to minimize sealing and designating such documents as Protected 10 Material. 11 25. Use Of Information Subject To Protective Order. The Receiving 12 Party?s use of any information or documents obtained from the Producing Party 13 subject to this Protective Order, including all information derived therefrom, shall 14 be restricted to use in this Litigation (subject to the applicable rules of evidence and 15 subject to the con?dentiality of such materials being maintained) and shall not be 16 used by anyone subject to the terms of this agreement, for any purpose outside of 17 this Litigation or any other proceeding between the Parties, except as otherwise 13 provided in this Order. 19 26. Meet And Confer. Prior to ?ling any motion or application before the 20 Court to enforce this Protective Order. the moving party shall notify the other 21 Party?cs) in writing and meet and confer in good faith in an attempt to resolve their 22 dispute(s). 23 2'7. Injunctive Relief. In the event anyone violates or threatens to violate 24 any of the terms of this Protective Order, the Parties and Third Parties agree that the 25 aggrieved party may, subject to the ?meet and confer" requirement set forth above, 26 apply to the Court to obtain injunctive relief against any such person violating or 27 threatening to violate any of the terms of this Protective Order. In the event the 28 aggrieved party brings such motion or application, the responding person subject to 3- Case 318334513030 428-D 040 DDIDOCDU ument 92 Fiillgd e_d07/ PagelD. 1.855 Papge 14 of 19 13- -cv~ ocument 90 dinC Don once: 018 Page 14 of the provisions of this Protective Order shall not employ as a defense the claim that 2 the aggrieved party possesses an adequate remedy at law. The Parties and Third 3 Parties shall not use or reveal, directly or indirectly, any information in violation of 4 this Protective Order. Because of the con?dential and proprietary nature of the 5 information contemplated to be covered by this Protective Order, the Parties and 6 Third Parties? agree that legal remedies are inadequate. Therefore, the Parties and 7 Third Parties stipulate that injunctive relief is an appropriate remedy to prevent any 8 person from using or disclosing Protected Material in violation of this Protective 9 Order. The Parties and Third Parties waive and release any and all requirements for 10 a bond or undertaking to support any injunctive relief for enforcement of this 1 1 Protective Order. 12 23- Other Actions. If any Party is subpoenaed in another action, 13 served with a demand in another action to which it is a Party, or served with l4 any legal process by one not a party to this action, seeking information or material l5 which was produced or designated as Protected Material by someone other than that Id Party, the Party shall give prompt actual written notice, by hand or facsimile 1? transmission, within ten (10) calendar days of receipt of such subpoena, demand, or 18 legal process, to those who produced the Protected Material prior to compliance 19 with the subpoena so as to allow the Producing Party to seek protection from the 20 relevant court(s). Nothing in this Protective Order shall be construed as requiring 2] the Party or anyone else covered by this Protective Order to challenge or appeal any 22 order requiring production of information or material covered by this Protective 23 Order, or to subject itself to any penalties for noncompliance with any legal process 24 or order, or to seek any relief from this Court. 25 29. Survival And Final Disposition 0f Designated Material. Final 26 termination of the Litigation, including exhaustion of appellate remedies, shall not 27 terminate the limitations on use and disclosure imposed by the Protective Order. 28 -14- Case Bias-.Osasatsassnso scans was 15 of 19 1 2. Within sixty (60) days of the ?nal termination of the Litigation 2 by ?nal judgment (whether by settlement, trial, or othenvise), including the time for 3 ?ling and resolution of all appeals, or within Such other period as the Parties may 4 agree upon, all Protected Material and copies of Protected Material, including such 5 material in the hands of outside experts or consultants or attorneys who considered 6 or accepted representation of a class member or child, shall be delivered by counsel 7 of record for the Receiving Party to counsel of record for the Producing Party of 8 such material or destroyed, with con?rmation of that destruction to the producing 9 Party in writing. 10 b. Any Protected Material ?led or lodged with and retained by the 11 Court shall not be subject to the provisions of this paragraph 32. 12 e. Notwithstanding the foregoing, counsel may retain cepies of 13 briefs and other papers ?led with the Court, deposition transcripts, diScovery 14 responses, and attomey work product that contains or constitutes Protected 15 Material. Forther, counsel are not required to delete information that may reside on 16 their ?rrn?s electronic back-up systems that are over-written in the normal course of IT business. Any such archival copies that contain or constitute Protected Material 18 remain subject to this Protective Order and shall be maintained in a safe and secure 19 manner. 20 Amendment Or Termination Of Protective Order. No part of the 2] restrictions imposed by this Protective Order may be terminated, except by written 22 stipulation executed by counsel of record for each Producing Party or by an Order 23 of this Court for good cause shown. The terms of this Protective Order shall 24 survive termination of the Action. 25 Jurisdiction For Enforcement. The Court retains jurisdiction 26 subsequent to settlement or entry of judgment to enforce the terms of this Protective 27 Order. Each person to whom disclosure of any Protected Information is made 28 agrees to subject himself to the jurisdiction of the Court in which this action is -15- Case $131939 16 0119 I pending for the purpose of proceedings relating to the performance under, 2 compliance with, or violation of this Protective Order. 3 32. Limitations. Nothing in this Order shall be deemed to restrict in any 4 manner the use by any party of its own documents or materials. Nothing in this 5 Protective Order should be construed as prohibiting a non-party from seeking 15 additional protections of records or information that it owns or controls. Dated: July 8. 2018 AMERICAN CIVIL LIBERTIES UNION 8 FOUNDATION 9 RIGHTS PROJECT 10 is! Lee Gelernt LEE GELERNT 1? Email: 12 13 Counsel for Plaintiffs 14 15 Dated: July 8. 2018 UNITED STATED DEPARTMENT OF 16 JUSTICE, OFFICE OF IMMIGRATION LITIGATION 1? Sarah B. Fabian 13 SARAH B. FABIAN 19 Email: Sarah.B.Fabian@usdoj.gov 20 Counsel for Defendants 21 22 ON THE NEXT 23 24 25 26 2? 28 .15- Case lose 17 of 19 1 ORDER 2 For good cause shown, pursuant to Rule 26(c) of the Federal Rules of Civil 3 Procedure, all discovery and other materials exchanged by the Parties or Third 4 Parties, or filed with the Court, in Ms. L, c: all, v. US. Immigration and Customs 5 Enforcement at at, 3:18-cv-00428 (SD. Cal.) shall be provided subject to the 6 conditions set forth in the foregoing Stipulated Protective Order. This order shall 7 be construed as a lawful order pursuant to the Privacy Act permitting release 3 consistent with the terms of this Order. 9 IT rs so ORDERED 10 11 them Hon. Dana mabraw 12 United States District Judge 47- Case 3=lass-reassessedscenarios as agreements-lass are 18 of 19 1 STIPULATION EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT CONCERNING 3 PROTECTED INFORMATION 4 5 6 1. My name is (?rst, middle 7 initial, last). 8 2. I live at (street address), 9 (city), (state) (zip i 0 code). I 3. I am employed as alan by 1 2 (company), which is located at 3 (street address}, 1 4 {city}, (state) (zip 15 code). Its telephone number is 16 I have read the attached Stipulated Protective Order entered in the action U.S. Immigration and Customs En?rrcement at 01., pending in the Southern 18 District of California and bearing Case No. 3:18-cv-UO428, and a copy of the 19 Stipulated Protective Order has been given to me. 20 4. I agree to be bound by the terms of the Stipulated Protective Order, 21 and agree that any Protected Material, within the meaning of the Stipulated 22 Protective Order, will be used by me only to assist counsel in connection with the 23 above-referenced litigation or as otherwise authorized by the Stipulated Protective 24 Order. 25 5. 1 agree that I will not disclose or discuss Protected Material so 26 designated with anyone other than the persons described in paragraph 6 of the 27 Stipulated Protective Order. 28 -53- 8888 818 D8 D834- D8828 Dies? saDa 8 access classes/ssaasala 1.8a stare 18 8818 6. I understand that any disclosure or use of Protected Material in any manner contrary to the provisions of the Stipulated Protective Order may subject me to sanctions for contempt of the Court?s Order. 7. I agree to be subject in personam to the jurisdiction of the Southern District of California in connection with any proceeding relating to the enforcement of the Stipulated Protective Order. I declare under penalty of perjury that the foregoing is true and correct. p?I. CD (date) (signature49-